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MEMORANDUM
RECEIVED
To:
From:
Subject:
Date:
William G. Berg, Jr.
Wm. F. Nichols
CLEARBROOK ESTATES SUBDIVISION BY R.K DEVELOPMENT, LLC /
VAR-03-012
July 28, 2003
Will:
JUL 2 8 2003
City Of Meridian
City Clerk Office
Pursuant to City Council's action at their July 22, 2003, meeting, pertaining to the
Variance application by R. K. Development, LLC for the proposed Clearbrook Estates
Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF
VARIANCE TO THE BLOCK LENGTH REQUIREMENTS in Clearbrook Estates Subdivision.
This may be presented to the Mayor to obtain his signature only after the City
Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and
Order of Denial in Case No. PP-03-007. After you have executed the Findings please present
copies to the Applicant, Planning and Zoning, Public Works and the City Attorney.
If you have any questions please advise.
Z:\Work\M~Meridian\Meridian 15360M\Clearbrook Estates Snb PP-03-007 VAR-03-D12 Denial of PP and VAR\Clerk Denial MEMO VAR 07 25
03.dac
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-15-03
C/C 07-22-03
IN THE MATTER OF THE
REQUEST FOR A VARIANCE TO
THE BLOCK LENGTH
REQUIREMENTS FOR A BLOCK
ON THE SOUTH SIDE OF
CLEARBROOK STREET FOR
CLEARBROOK ESTATES
SUBDIVISION, LOCATED WEST
OF NORTH MERIDIAN ROAD AND
SOUTH OF WEST USTICK ROAD,
MERIDIAN, IDAHO
BY R.K. DEVELOPMENT, LLC
APPLICANT
Case No. VAR-03-012
FIIVDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF VARIANCE TO THE
BLOCK LENGTH
REQUIREMENTS
The above entitled matter coming on regularly for public hearing before the City Council
on July 15, 2003 and continued until July 22, 2003, at the hour of 7:00 o'clock p.m., at the
Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of
its action of the denial of the application for preliminary plat in Case No. PP-03-007, and the
hearing was opened on the variance application and Anna Powell Planning Director for the
Planning and Zoning Department, and Brad Hawkins-Clark Planner III for the Planning and
Zoning Department, and Brad Watson City Engineer, and Bruce Mills, Richazd Cook and Chris
Broer, and the City Council based upon its Findings of Fact and Conclusions of Law and
Decision and Order in Case No. PP-03-007 does hereby deny the application for variance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDIVISION
(VAR-03-012)
PAGE 1 OF 3
approval.
FINDINGS OF FACT
It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the
variance due to the denial of the preliminary plat in Case No. PP-03-007.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of
the preliminary plat in Case No. PP-03-007, the Council does hereby deny the application for
variance approval.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDIVISION
(VAR-03-012)
PAGE 2 OF 3
interest in real property which maybe adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meefing held on the day of
2003.
Attest:
William G. Berg, Jr., City Clerk
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Dated:
Z:\Work\MUMeridian\Meddian 15360M\Cleazbrook Estates Sub PP-03-007 VAR-03-012 Denial of PP and VAR\FFCIArdDenyVAR.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
R.K. DEVELOPMENT, LLC FOR CLEARBROOK ESTATES SUBDIVISION
(VAR-03-012)
PAGE 3 OF 3